Registrar of the Debt Recovery Appellate Tribunal dismissed the appeal of M/s Shreekant Oils Pvt. Ltd. for non-compliance of the pre-deposit condition, though liberty was granted to revive it post-payment.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No.163/2021 Arising out of S.A.No.121/2020(DRT, Jaipur)
M/s Shreekant Oils Pvt. Ltd. & Others Vs Kotak Mahindra Bank Ltd. & Another
24.11.2022 Hon’ble Mr. Justice Brijesh Sethi
Present : Mr. Rajiv Gupta along with Mr. Aravind S., Ld. Counsels for appellant.
Mr. Pramod Kumar, Ld. Counsel for respondent bank.
This matter has been taken up by me through Video conferencing.
Miscellaneous Appeal No. 163/2021
This is an appeal filed by the appellant against the impugned order dated 11.10.2021 passed by Ld. DRT-Jaipur whereby I.A. No. 1147/2021 filed by the appellant seeking stay on order of Ld. CMM, Jaipur was dismissed and S.A. is listed for final arguments.
Ld. Counsel for appellant seeks some more time to take instruction from his client for making pre-deposit.
Ld. Counsel for respondent bank vehemently opposes the request to grant any further time to the appellant and prays that present appeal may be dismissed for non-compliance.
On perusal of record, it is observed that appellant has been given ample opportunities since 12.11.2021 but till date he has not made the deposited mandate pre-deposit.
In view of the fact that number of opportunities have been granted to the appellant to make pre-deposit, the present appeal cannot be entertained. The same is, therefore, dismissed for want of compliance of the condition of predeposit. However, in the interest of justice, the appellant is granted liberty to revive the appeal by filing appropriate application after making the requisite predeposit.
File be consigned to record.
( CHAIRPERSON )
N
M/s Shreekant Oils Pvt. Ltd. & Others
Kotak Mahindra Bank Ltd. & Another
Justice Brijesh Sethi
As recorded by the court registry
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